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Preventing Easements by Notice

Both Holiday and Mobile Home Park Owners can often find themselves dealing with unwanted users of their land, for example using the park for a right of way or the parking of vehicles.This unwelcome use may result in claims of a right to use the park land, a prescriptive easement, on the basis that the land has been used for that purpose ‘as of right’ without permission, secrecy or force for over 20 years.

A recent Court of Appeal decision, Winterburn v Bennett [2016] EWCA Civ 482, has considered the steps taken by land owners to prevent such a right from arising.

In this case the Court of Appeal held that the use of clear signs prohibiting the use of the land for parking, and objections by the landowners were sufficient to show that the land had not been used ‘as of right’ without force.

If you have any queries regarding the topic of this blog or if you are interested in subscribing to our Parklaw service, contact the Parks Team by telephone on 01392 207020 or email parks@tozers.co.uk